I was suspended from work with pay over a month ago. My job…

Customer Question

I was suspended from work...

I was suspended from work with pay over a month ago. My job has not called me back to work yet. Prior to my suspension, I was offered a superintendent position. I was given an competency test and I failed the test twice. My lead superintendent had emailed corporate asking them to give me a chance to retest. My manager along with his manager had agreed to let me work until I am able to retest. 4 months went by and we had not heard from corporate. The company changed my status in the system from general foreman to superintendent. My pay also changed. 4 months later, another takes over and they discovered that I failed the test. Long story short, they fired my lead man and his boss but they still have me on syspension.At this point, what can I do?

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.If they have you out with pay, legally your options are limited. Unless there is some union contract that says otherwise, as long as the employer is paying you there is no claim you can make. Once they stop paying then you have a right to pursue unemployment benefits. However, if you failed the test there is no legal cause of action against the employer.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).